Manross v. Uncle Sam Oil Co.

Citations

• 107 Kan. 71
• 190 P. 619
• 1920 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Servant Wrongfully Discharged — Measure of Damages — Pleadings—Instructions. Where an employee who was discharged before the expiration of the term of his employment recovers of his employer what his salary would have amounted to less what he was able to earn during the remainder of the period, the judgment being based upon a verdict which necessarily implies a finding, after a full and fair hearing of the issue, that the discharge was wrongful, a reversal will not be ordered because the petition did not allege that fact, or because in the instructions language was used indicating the adoption of the theory of constructive service, even assuming that theory to be unsound.</p> <p>2. Same — Amount of Recovery — Computation. The amount of recovery in case of a finding in favor of the plaintiff upon the issue referred to, held to have been a matter of computation, properly determined by the trial court.</p> <p>3. Same — Interest AlloivecL on Amount of Recovery. Where there is no real controversy over the amount of recovery, and the verdict expressly excludes interest, a judgment will not he reversed because of an addition on that account made by the court.</p>